| 1 | 1 | | 88R6497 JSC-D |
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| 2 | 2 | | By: Goodwin H.B. No. 2077 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the development of a model policy by the Office of Court |
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| 8 | 8 | | Administration of the Texas Judicial System for the enforcement and |
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| 9 | 9 | | implementation of state laws regarding certain persons prohibited |
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| 10 | 10 | | by law from possessing a firearm or ammunition. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. (a) In this section, "office" means the Office |
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| 13 | 13 | | of Court Administration of the Texas Judicial System. |
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| 14 | 14 | | (b) The Office of Court Administration of the Texas Judicial |
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| 15 | 15 | | System shall develop and recommend a model policy regarding the |
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| 16 | 16 | | enforcement and implementation of state laws relating to: |
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| 17 | 17 | | (1) preventing the possession of a firearm or |
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| 18 | 18 | | ammunition by a person prohibited by law from possessing those |
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| 19 | 19 | | items; and |
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| 20 | 20 | | (2) providing for the transfer of a firearm or |
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| 21 | 21 | | ammunition by a person described by Subdivision (1) of this |
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| 22 | 22 | | subsection. |
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| 23 | 23 | | (c) The model policy must include provisions relating to the |
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| 24 | 24 | | transfer and, when applicable, return of firearms and ammunition |
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| 25 | 25 | | owned by a person prohibited from possessing a firearm or |
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| 26 | 26 | | ammunition. |
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| 27 | 27 | | (d) In developing the model policy, the office shall include |
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| 28 | 28 | | provisions to ensure due process protections, including by |
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| 29 | 29 | | recommending policies, forms, and practices to provide notice to a |
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| 30 | 30 | | person prohibited from possessing a firearm or ammunition, law |
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| 31 | 31 | | enforcement, and any other relevant third parties. |
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| 32 | 32 | | (e) The model policy must: |
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| 33 | 33 | | (1) be capable of being adopted and implemented by |
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| 34 | 34 | | municipalities, counties, courts, and local law enforcement |
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| 35 | 35 | | agencies; |
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| 36 | 36 | | (2) apply equally to all persons prohibited from |
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| 37 | 37 | | possessing a firearm or ammunition under state or federal law; |
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| 38 | 38 | | (3) provide clear guidance regarding the transfer of a |
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| 39 | 39 | | firearm or ammunition; and |
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| 40 | 40 | | (4) expressly require proof of compliance by a person |
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| 41 | 41 | | prohibited by law from possessing a firearm or ammunition. |
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| 42 | 42 | | (f) Not later than September 1, 2024, the office shall |
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| 43 | 43 | | submit an electronic report on the recommended model policy to the |
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| 44 | 44 | | governor, the lieutenant governor, the speaker of the house of |
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| 45 | 45 | | representatives, and the members of the legislature. |
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| 46 | 46 | | (g) This Act expires October 1, 2024. |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2023. |
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